Personal Injury Frequently Asked Questions

Q: Is the insurance adjuster on my side?

A: Dealing with an insurance adjuster is one of the many obstacles you have to deal with if you are a personal injury victim in a car accident. The best way to deal with an adjuster is to consult with someone who is on your side: the attorneys at David Boehrer Law Firm. The insurance adjuster is not your friend. The insurance adjuster does not work for you. The insurance adjuster gets paid, promoted, and bonuses by saving money for the insurance company, not you.
Insurance companies are for-profit organizations. Their purpose is to make money for their shareholders. Every dollar an insurance company saves by holding back on your claim is profit for the insurance company. As an employee of the insurance company, it is the adjuster’s responsibility to make money for his or her company by holding back every cent possible from your claim. No matter how nice the adjuster may seem or what they tell you, they are not concerned with fairness, making you whole again, or where liability actually falls.

Insurance adjusters are trained to do what is necessary to pay out as little as possible on your claim. The “nice guy” act is one of the tricks used to make adjusters seem friendly and trustworthy so they can convince you to divulge information. They do this so they can use the information against you during your settlement. Adjusters often record your statement, which they can later use out of context. You should refrain from permitting recordings of your statements unless you have consulted with your attorney. You should not grant access to your past records before consulting with an attorney. When given access, insurance companies will work to uncover any information in an attempt to disqualify a person from getting their due in claims.

Studies by insurance companies have shown injured people employing the services of an attorney receive much more in settlement than those without representation (even after the legal fees have been paid).
If you find yourself facing a personal injury loss, we urge you to talk to us before making any decisions. Contact David Boehrer Law Firm by calling 702-750-0750. You can also complete our online contact form. Initial consultations are free and confidential.

Q: Is it wise to rush to settle my personal injury claim?

A: It is important to file your claim in a timely manner because of the time limitations imposed by the law. However, you should not rush to settle your personal injury claim. Timing is vitally important when settling a claim. Settling too early, or too late could result in a lesser settlement agreement.

Insurance companies are for-profit organizations. Their purpose is to make money for their shareholders. Every dollar an insurance company saves by holding back on your claim is profit for the insurance company. As an employee of the insurance company, it is the adjuster’s responsibility to make money for his or her company by holding back every cent possible from your claim. The adjuster understands that the full extent of your injuries may not be known early in treatment, especially in a serious accident. This knowledge may encourage them to settle your claim early in an effort to save their company money.

Sometimes people believe they are actually the party at fault so they rush to settle their claim and accept payment. In this scenario it is very important to consult with an attorney to determine whether it is necessary to pursue test, investigations, and/or re-enactments, to determine who is at fault for the accident. Victims often discover they could have received a larger settlement by simply being patient during the investigation process.
Of course, you must always remember that waiting too long can harm you. Claims have a “statute of limitations” or an expiration date for filing a claim. If you exceed this time you may not be able to recover anything from the insurance company, despite your injuries.

Once you have accepted payment for your claim, there is no way to renegotiate the settlement regardless of any lasting injuries or injury that may have worsened with time. In many instances, a person may end up settling for a very small award for their injury because they believe the pain will go away, only to discover the injury progressed to a debilitating or incapacitating level. Please do not risk you or your family’s future by accepting the immediate gratification of cash in hand. It is in your best interests to be patient and make certain you have taken care of your health before deciding you are ready to settle your claim.

If you find yourself facing a personal injury loss, we urge you to talk to us before making any decisions. Contact David Boehrer Law Firm by calling 702-750-0750. You can also complete our online contact form. Initial consultations are free and confidential.

Q: Should I let my lawyer dictate my medical treatment?

A: It is your attorney’s job to counsel you about your legal rights. They are not responsible for selecting your doctor or dictating your medical treatment plan. That is your doctor’s job. It is always your right and responsibility to choose the right medical treatment for you and your family. If you believe you need to see a specialist, you should consult with your family doctor to help you find the right professional to help you resolve your medical issues.

If you find yourself facing a personal injury loss, we urge you to talk to us before making any decisions. Contact David Boehrer Law Firm by calling 702-750-0750. You can also complete our online contact form. Initial consultations are free and confidential.

Q: What is the value of keeping a record of damages?

A: How can you, as an injury victim, get the money you deserve after an accident? Keep trak of your expenses, loss of work, and property destruction, and don’t forget to keep notes on your pain, stress, and mental anguish that many serious accidents can cause. Your insurance adjuster will not be keeping track of these things, however, your careful record keeping will help provide a clear and accurate pictures of the loss you suffered due to an accident. Keeping detailed and accurate notes memorializing your losses—both economic and non-economic, will help maximize your settlement.
You should keep record of your economic damages like medical bills, lost wages, tax returns, receipts for purchases (include those paid by insurance), services you were unable to perform as a result of your injuries, and lost property. Economic damages are any costs you had to pay as a result of this injury. They may include lost future wages and costs as well. It is often necessary for an expert to calculate your expected lost earnings.

You should keep record of all non-economic damages as well, including things not easily identified in terms of money lost. This might include pain you’ve endured, both physical and emotional, and the stress from your accident. Humiliation and loss of companionship should also be taken into account. You should also make note of opportunities you may have lost, or missed out on because of your injury such as trips you were planning, but are not longer able to take, or other things of that nature.

Make sure you are honest when recording your losses. Exaggerating your damages can be devastating to your case in the eyes of a jury. It is always the best policy to state the truth, and let the jury decide the compensation you deserve.
If you find yourself facing a personal injury loss, we urge you to talk to us before making any decisions. Contact David Boehrer Law Firm by calling 702-750-0750. You can also complete our online contact form. Initial consultations are free and confidential.

Q: How should I prepare for my personal injury claim?

A: It is always important to remember that an insurance adjuster is not on your side. Insurance adjusters are trained to pay out as little money as possible, leaving the victim of an injury and the adjuster with conflicting interests. As an accident victim, you want to receive the highest settlement possible. If you should decide to settle your injury case without an attorney, you must be knowledgeable in preparing and negotiating your claim.

Before negotiating your claim you must prepare yourself.
To prepare for negotiations you must be able to ask and answer these five basic questions:

What is the strength (evidence) of your claim?

What are similar claims generally resolved for?

What is your settlement goal?

What is your settlement bottom line?

What alternatives do you have if you don’t settle?

The strength of your claim lies in the evidence. This may include statements of witnesses, police reports, photos, and documentation of your losses. Losses may include medical bills and any other expenses that resulted from your accident. Once you have compiled the evidence, you must prepare a demand letter. In this letter you will list damages and summarize the evidence, as well as ask for the amount you wish to receive for your losses.

Research the value of similar claims to your own. This can be done through your local law library where you can make copies of the cases you find. Make sure you reference the cases when negotiating your claim. It may also be a good idea to consult with a licensed attorney to get their opinion as well.

What amount you would like to walk away with (within reason)? This is called your settlement goal. After you have determined this figure, you can focus your strategy around your settlement goal. Be prepared to justify your claim with any evidence you have prepared.

What is the lowest dollar amount you will settle for, or your settlement bottom line? If this amount is denied you will need to seek alternative methods.

Q: If you do not settle what alternatives do you have?

A: Small claims court. This generally takes at least two trips to the courthouse plus a filing and service-of-process fee. Trial will take place six to eight weeks after you have filed. The judge could award you more money, less money, or nothing at all in a trial. If the wrongdoer appeals the verdict you may have to repeat this process again.

Wait and do nothing. In Nevada, you have two years to settle a claim or file a lawsuit from the time of injury. If you wait and do nothing, an adjuster may accept your bottom line. Adjusters do not like their claims to accrue. They are judged based on how much money they save the company as well as how quickly they resolve claims.

If you find yourself facing a personal injury loss, we urge you to talk to us before making any decisions. Contact David Boehrer Law Firm by calling 702-750-0750. You can also complete our online contact form. Initial consultations are free and confidential.

Q: What should I know about negotiating my case?

A: Negotiating a Nevada car accident claim requires some skill on your part. You must be aggressive, patient, intelligent, and be able to maintain your composure. Should you decide to settle your own personal injury claim you should:

Submit your demand after the adjuster’s first offer. Wait for the initial figure, then you may demand the policy limit or total your damages and forward them to the adjuster.

Ask questions. Ask your adjuster what his authority is. Get specific figures that explain where funds were allotted. Go over the figures with the adjuster to confirm accuracy. For non-economic damages, ask the adjuster to explain how they arrived at the amount they awarded for pain and suffering. Keep notes on everything.

Make small concessions. The best negotiators make their concessions in small increments. This often works in your favor and can result in a larger overall settlement.

Be patient. Don’t accept or counter an offer in the same meeting. If you push the adjuster toward a quick settlement they will sense you are in a hurry to settle and may conclude you are desperate for money.

Maintain your composure. You can affect the outcome of a deal through your demeanor.

Refrain from showing outward interest in an offer. Appear reluctant to settle. After all, Nevada allows two years to settle a personal injury claim.

Confer with a higher authority. Inform the adjuster that you will not to make a final decision before consulting with another party. Tell the adjuster you will be consulting with a spouse or attorney friend prior to making your decision.

Following these guidelines will help you build stronger negotiation skills and achieve a higher settlement for your personal injury claim. Remember, it is always a good idea to consult with an experienced attorney before starting your Nevada injury claim. The best personal injury attorneys offer a free no obligation consultation.

If you find yourself facing a personal injury loss, we urge you to talk to us before making any decisions. Contact David Boehrer Law Firm by calling 702-750-0750. You can also complete our online contact form. Initial consultations are free and confidential.

Q: When should I handle my own personal injury claim?

A: Victims who believe they can settle their own case when there are significant injuries are often making a grave mistake. Most victims are not experienced enough to recover a fair settlement for their injuries. If you are seeking justice and compensation you need to an experienced legal team behind you. Don’t handle your own case when doing so is not in your best interests. Making this mistake could cost you and your loved ones in the long run.

Take advantage of free consultations offered by attorneys with successful track records. You may have a complex claim that is worth a considerable amount of money. Not hiring an attorney may result in a vastly reduced award after your claim is settled.

Knowing when to consult with an attorney can be compared to knowing when you need see the doctor. If you have a sprained wrist you could treat it yourself without visiting the doctor. If you broke your ankle on the other hand, it would be a good idea to seek professional treatment from a trained doctor. The same is true with an injury claim. If you have a serious injury you need professional representation. Anytime there is a catastrophic injury it is a good idea to hire the best attorney you can. A personal injury settlement often depends on intangibles not always evident to the average person. Inconspicuous issues can dramatically change a settlement if uncovered. This type of finding is possible through the efforts of diligent attorneys.

If you find yourself facing a personal injury loss, we urge you to talk to us before making any decisions. Contact David Boehrer Law Firm by calling 702-750-0750. You can also complete our online contact form. Initial consultations are free and confidential.